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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 147,843,659 and KRW 11,630,044 among the Plaintiff’s KRW 147,843,659 shall be decided October 2016.
Reasons
1. Basic facts
A. On April 27, 2007, the Defendant obtained a credit card from the National Bank of Korea on a stock company, and did not pay 11,630,044 won for use around November 2009.
On the other hand, the overdue interest rate at the time of issuing the credit card is 25% per annum.
B. In addition, on April 27, 2007, the Defendant borrowed 50,000,000 won from the National Bank of Korea Co., Ltd. at the minimum rate of 14% per annum and 21% per annum. The Defendant began to delay the agreed interest from November 2009.
(A) The sum of the above loans and the credit card bills as stated in the above (A) is “the loans and credit card bills of this case”.
The instant loans and credit card payments claims were assigned in order as listed below, and the transferor notified the Plaintiff of the assignment of claims at each time of transfer.
On March 25, 2011, 201, the assignee of the credit, the credit transfer date, the Korean National Bank case-based limited company specializing in the KF&A, Korea, the KF&A specialized in the 19th securitization on December 28, 2009, Korea, on March 25, 2011, ef&A limited liability company specialized in the 19th securitization, Korea, EF&A, the CFA limited liability company specialized in the 19th securitization, the CFA, the CBS limited liability company, the CBS partnership partnership loan company, the stud assets management loan company, the stud assets management loan company, April 18, 2014, Plaintiffs 14, the stud assets management loan company, etc. on November 14, 201
Meanwhile, as of October 11, 2016, the sum of the principal and interest of the instant loans and credit card payments claims is KRW 147,843,659.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 9 (including each number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant’s delay damages for the amount of KRW 147,843,659 and the amount of KRW 11,630,04, which is the transferee of the instant loan and credit card payment claim, calculated by the rate of 25% per annum, which is the overdue interest rate from October 12, 2016 to the date of full payment, and KRW 50,000,000, which is the following day of the relevant base date.